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Motor Vehicle Act (amended)

BILL NO. 73

(as introduced)

3rd Session, 61st General Assembly
Nova Scotia
60 Elizabeth II, 2011



Government Bill



Safer School Zones Act



The Honourable Bill Estabrooks, M.B.
Minister of Transportation and Infrastructure Renewal



First Reading: November 2, 2011

(Explanatory Note)

Second Reading: November 7, 2011

Third Reading: November 28, 2011 (LINK TO BILL AS PASSED)

Explanatory Note

This Bill amends the Motor Vehicle Act to provide clarity with respect to the speed limit in school areas. As well, speed limits are reduced to 30 km/h where the limit immediately before the school area is 50 km/h but remains at 50 km/h where the limit beforehand is greater than 50 km/h.

An Act to Amend Chapter 293
of the Revised Statutes, 1989,
the Motor Vehicle Act

Be it enacted by the Governor and Assembly as follows:

1 This Act may be cited as the Safer School Zones Act.

2 Clause 102(2)(a) of Chapter 293 of the Revised Statutes, 1989, the Motor Vehicle Act, is repealed.

3 Subsections 103(1) and (2) of Chapter 293 are repealed and the following subsections substituted:

(1) Subject to the regulations, a traffic authority may designate a school area on a portion of a highway by placing traffic signs to indicate the beginning and end of the school area.

(2) Where a traffic authority designates a school area, the traffic authority shall

(a) reduce the speed limit in the school area to

(i) thirty kilometres per hour, if the speed limit in effect immediately before the start of the school area is fifty kilometres per hour, or

(ii) fifty kilometres per hour, if the speed limit in effect immediately before the start of school area is greater than fifty kilometres per hour;

(b) place a traffic sign at the beginning of the school area to notify drivers of the reduced speed limit in the school area; and

(c) place a traffic sign at the end of the school area to notify drivers of the speed limit in effect immediately after the school area ends.

(2A) A driver shall not exceed the speed limit in a school area by

(a) between one and fifteen kilometres per hour, inclusive;

(b) between sixteen and thirty kilometres per hour, inclusive; or

(c) thirty-one kilometres per hour or more.

(2B) The speed limits fixed pursuant to this Section are subject to any regulations limiting the application of school area speed limits by times, dates or other conditions.

(2C) The Minister may make regulations

(a) setting conditions that must exist before a traffic authority may designate a portion of a highway as a school area;

(b) requiring a traffic authority to designate a school area on a portion of a highway that is specifically identified in the regulations or that meets the specifications for a mandatory school area set out in the regulations;

(c) limiting the application of the school area speed limits in this Section by times, dates or other conditions;

(d) defining any word or expression used in this Section and not defined in this Act;

(e) respecting any matter or thing the Minister considers necessary or advisable to effectively carry out the intent and purpose of this Section.

(2D) The exercise by the Minister of the authority contained in subsection (2C) is regulations within the meaning of the Regulations Act.

4 Subsection 104(1) of Chapter 293 is amended by striking out "the foregoing provisions of this Act" in the first and second lines and substituting "Sections 101 and 102, but subject to Section 103".

5 Subsection 282(2) of Chapter 293, as amended by Chapter 24 of the Acts of 1994, Chapter 12 of the Acts of 2001, Chapter 44 of the Acts of 2001, Chapter 20 of the Acts of 2002, Chapter 45 of the Acts of 2007 and Chapter 21 of the Acts of 2008, is further amended by

(a) striking out number 9. in the POINT SYSTEM TABLE;

(b) adding "103(2A)(c)," immediately before "106A(c)" in the second column of number 9A. in the POINT SYSTEM TABLE;

(c) adding "103(2A)(b)," immediately before "106A(b)" in the second column of number 9B. in the POINT SYSTEM TABLE; and

(d) adding "103(2A)(a)," immediately before "106A(a)" in the second column of number 9C. in the POINT SYSTEM TABLE.

6 Section 299B of Chapter 293, as enacted by Chapter 10 of the Acts of 2002, is amended by striking out "299A" in the third line and substituting "299AA or Section 300A".

7 (1) Subsection 300A(1) of Chapter 293, as enacted by Chapter 21 of the Acts of 2008 and amended by Chapter 20 of the Acts of 2009, is further amended by adding "(a) of subsection (2A) of Section 103, clause" immediately after "clause" in the second line.

(2) Subsection 300A(2) of Chapter 293, as enacted by Chapter 21 of the Acts of 2008 and amended by Chapter 20 of the Acts of 2009, is further amended by striking out "subsection (1)" in the second line and substituting "clause (b) of subsection (2A)".

(3) Subsection 300A(3) of Chapter 293, as enacted by Chapter 21 of the Acts of 2008 and amended by Chapter 20 of the Acts of 2009, is further amended by adding "(c) of subsection (2A) of Section 103, clause" immediately after "clause" the first time it appears in the second line.

8 This Act comes into force on such day as the Governor in Council orders and declares by proclamation.

 


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